Savita Kapila v. ACIT

118 Taxmann.com 46High Court2020#1159 most cited

What is Savita Kapila v. ACIT authority for?

There is no legal requirement for a legal representative to report an assessee's death to the income tax department; consequently, a reassessment notice issued under Section 148 to a deceased person is invalid as it lacks proper jurisdiction.

98

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2020 to 2026.

Also referred to as

Savita Kapila v. ACIT · Section 148 · Section 147 · Section 159 · legal representative · notice to deceased assessee · reassessment validity · invalid jurisdiction

Also reported as

426 ITR 502273 Taxmann 148

Issues it is cited on

Judgments citing Savita Kapila v. ACIT

M/S. Infosys Bpm Limited (Formerly Known As Infosys Bpo Limited, Successor to PAN Financial Shared Services India Private Limited), Bangalore vs. Joint Commissioner of Income Tax, Special Range- 3, Bangalore

In the result, the appeal is allowed

ITA 2372/BANG/2019[2008-09]Status: DisposedITAT Bangalore16 Sept 2021AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2008-09 M/S. Infosys Bpm Limited Vs. The Joint Commissioner Of Income Tax, (Formerly Known As Infosys Bpo Limited, Special Range – 3, Successor To Pan Financial Shared Services Bengaluru. India Private Limited), 26/3, 26/4, 26/6, Electronic City, Hosur Road, Bengaluru – 560 100. Pan : Aaccp 4478 N Appellant Respondent Appellant By : Shri. Padam Chand Khincha, Ca Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 14.09.2021 Date Of Pronouncement : 16.09.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 29.09.2019 Of Cit(A)-3, Bengaluru, Relating To Ay 2008-09. 2. Grounds 2 & 3 Raised By The Assessee Is With Regard The Validity Of The Order Passed By The Ao On The Ground That The Assessee Ceased To Exist As On The Date On Which The Order Of The Assessment Was Passed On Merger With M/S. Infosys Bpm Ltd. & Consequently The Order Passed In The Name Of A Company Which Seized To Exist Was Invalid. These Grounds Reads As Follows:

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 391

…rendered by the Hon’ble Supreme Court will not be applicable to the facts of the present case. 11. The Learned Counsel for the assessee on the other hand placed reliance on decision of the Hon’ble Delhi High Court in the case of Savita Kapila Vs. ACIT [2020] 426 ITR 502 (Del) wherein the Hon’ble High Court held that there was no obligation on the part of an assessee to intimate the Department regarding merger. He also pointed out that in the submissions made before the CIT(A), a reference was made to the factum of amalgamation. It was also submitted that the assessment records of the assessee were transferred fr…

Sangeeta Himmatramka (Legal Heir of Late Sh Rajeev Himmatranka), Delhi vs. ACIT, Circle-46(1), New Delhi

In the result, appeal of the assessee is allowed

ITA 7645/DEL/2019[2011-12]Status: DisposedITAT Delhi15 Oct 2020AY 2011-12

Bench: Ms Sushma Chowla & Sh. Anil Chaturvedi(Through Video Conferencing) Assessment Year: 2011-12 Sangeeta Himmatramka Vs. Acit, (Legal Heir Of Late Sh Circle-46(1) Rajeev Himmatramka), New Delhi C-58, Upper Ground Floor, Rohit Kunj, Pitampura, New Delhi – 110 034. Pan : Aaaph 9487 L (Appellant) (Respondent) Assessee By Shri Suresh Gupta, C.A. Revenue By Shri Amit Jain, Sr. D.R. Date Of Hearing: 29/09/2020 Date Of Pronouncement: 15/10/2020 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.08.2019 Of The Commissioner Of Income Tax (A)- 16, New Delhi Relating To Assessment Year 2011-12. Sangeeta Himmatramka Vs. Acit A.Y. 2011-12 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

Section 143(3)Section 144Section 147Section 148Section 151Section 68

…disputed by the Revenue as is also evident from the letter of ACIT, Circle – 46(1) dated 16.09.2020 which is placed on record by the Revenue. He placing reliance on the decision of Savita Kapila, (Legal Heir of late Shri Mohinder Paul Kapila) vs. ACIT (2020) 426 ITR 502 (Del) and other decisions submitted that notice u/s 148 has to be issued in the name of correct person and notice issued to a deceased person is not valid. He submitted that Hon’ble Delhi High Court in the case of Savita Kapila (supra) has held that notice issued to the deceased person is not valid and is not a curable defect by section 292BB. He…